Of all types of personal injury cases, slip and fall cases carry with them the greatest stigma. There is no doubt that years ago the system was abused and “victims” and even some lawyers likely went over the line when submitting claims or suing for pain and suffering. These days, however, property owners are protected by tort laws. Generally speaking, common sense has started to prevail. This is to say that the general defense of property owners revolves around due diligence.
For instance, if there is a spill on the floor in a store, did the property owner have a reasonable amount of time to clean up the spill? Did the property owner exhibit reasonable due diligence in providing for a safe environment for patrons?
Furthermore, there is the question of due diligence on the part of the person who fell. Did the patron who slipped exercise due diligence for his or her own safety? Could it be assumed that any other patron would have been able to avoid the hazard?
Without question there are slip and fall cases where property owners are negligent and must be held accountable. In the same right. there are cases where patrons are very much at fault. This is of course where insurance companies, lawyers and the courts come in.
Whatever side of a slip and fall case you might find yourself on, it is imperative that you have a legal professional to advocate on your behalf.